Medicare and SSD Benefits Questions You Might Ask a Social Security Lawyer
10/28/08
Q: How long before I am covered for Medicare?
A: A social security lawyer will tell you that, if you're retired, Medicare is fairly simple. Those that are 65 or older will normally be eligible for Medicare coverage if they've worked for ten years or more in a Medicare covered position. Even if you are under 65, it is possible to be eligible for Medicare coverage if you suffer from a disability. But you may want to talk to a social security lawyer about some of the complications involved in getting Medicare due to disability.
When they first become disabled, most Medicare applicants who don't work with a social security lawyer do not realize that they will have to wait at least 24 months before receiving coverage. This is a two year waiting period that starts when your disability begins. To be eligible for Medicare due to a disability, you must also quality for Social Security Disability benefits. Unfortunately, the combination of the waiting periods for both social security disability and Medicare coverage can make for a very long Medicare wait. It's generally a good idea to speak with a social security lawyer at the beginning of the process to gauge how long your wait may be.
Q: The SSA says I am short one credit to apply for disability insurance. What does this mean?
A: Social Security Disability eligibility is a complex system (which is why it's a good idea to work with a social security lawyer). For you to be eligible to be "insured" for SS Disability, you will generally (though not always) need to have earned 20 credits during the last ten years of work. This is a rolling ten year period that is supposed to end on the day that your disability is judged to have begun.
Sadly, though, the rules that go into determining how many credits you have and need for the last ten years of work makes meeting your credit requirements rather difficult. Any social security lawyer or advocate can tell you to expect this to happen if you haven't worked enough. But it also can happen due to delays in application, or a "disability onset date" which is adjusted by a judge or other official during the application process. In this case, you should speak to a social security lawyer to better understand you options for appeals, etc.
Q: Can I work while I have a claim pending?
A: Your social security lawyer will describe disability that is eligible for benefits as any that keeps you from earning a substantial income. Eligibility doesn't, however, require you not to work at all. If the amount you earn falls below the income limit for "substantial gainful activity," it may not affect your claim. Talk to a social security lawyer or advocate for details.